Monday, February 1, 2021
The DOJ's Acting Attorney General Monty Wilkinson reinstated the Department Policy on Charging and Sentencing of May 19, 2010. Although noted that this is an interim measure pending the confirmation of a new Attorney General, it demonstrates the forceful return to a policy that is premised on "individualized assessment." The new policy dated January 20, 2021 states, "The goal of this interim step is to ensure that decisions about charging, plea agreements, and advocacy at sentencing are based on the merits of each case and reflect an individualized assessment of relevant facts while longer-term policy is formulated." See Policy here.
In a country that is plagued with mass incarceration and racial inequities, it is wonderful to see reinstated a policy that will allow disparities to be corrected. As noted in this memo, "Together we will work to safeguard the public, maximize the impact of our federal resources, avoid unwarranted disparities, promote fair outcomes in sentencing, and seek justice in every case."
See also Stewart Bishop, Acting AG Drops Trump-Era Tough-On-Crime Charging Policy here.